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Ervin v. Berryhill, 4:16-cv-03318-RBH. (2018)

Court: District Court, D. South Carolina Number: infdco20180220j95 Visitors: 21
Filed: Feb. 16, 2018
Latest Update: Feb. 16, 2018
Summary: ORDER R. BRYAN HARWELL , District Judge . On February 2, 2018, Plaintiff filed a motion for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 42 U.S.C. 2412, on the basis that the position taken by the defendant in this action was not substantially justified. In the motion, Plaintiff requested attorney's fees in the amount of $4,281.88 and expenses in the amount of $16.00. On February 15, 2018, the parties filed a stipulation for an EAJA award of $4,000.00 in attorney'
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ORDER

On February 2, 2018, Plaintiff filed a motion for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 42 U.S.C. § 2412, on the basis that the position taken by the defendant in this action was not substantially justified. In the motion, Plaintiff requested attorney's fees in the amount of $4,281.88 and expenses in the amount of $16.00. On February 15, 2018, the parties filed a stipulation for an EAJA award of $4,000.00 in attorney's fees and $16.00 in expenses.

Based on the foregoing and after considering the briefs and materials submitted by the parties, the court orders the defendant to pay the sum of $4,000.00 in attorney's fees and $16.00 in expenses pursuant to EAJA, subject to the Treasury Offset Program if the prevailing party owes a debt to the federal government. However, the payment shall be made payable to the claimant pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010) and mailed to his attorney, with a copy to the claimant.

IT IS SO ORDERED.

Source:  Leagle

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